PROTECTION OF BIOMETRIC INFORMATION OF CHILDREN IN SCHOOLS Advice for Proprietors, Governing Bodies, Head Teachers, Principals and School Staff

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30 Νοε 2013 (πριν από 3 χρόνια και 7 μήνες)

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Annex A


Draft Advice for Consultation


PROTECTION OF BIOMETRIC INFORMATION OF CHILDREN IN SCHOOLS


Advice for Proprietors, Governing Bodies, Head Teachers, Principals and School Staff


About this advice


This is non
-
statutory advice from the Department
for Education. It is intended to explain the legal duties schools and colleges have if
they use
automated biometric recognition systems
.


This advice replaces “
Becta guidance on biometric technologies in schools”.


Sixth form colleges and 16
-
19 Academies
are covered by this advice. Separate advice will be issued by the
Department for
Business, Innovation and Skills

to cover FE institutions with under 18 students.

Expiry/review date


This advice is being published for
consultation purposes only
. It will be
reviewed once the consultation process has ended.


What legislation does this advice relate to?


The Protection of Freedoms Act 2012

The Data Protection Act 1998



Who is this advice for?


This advice is aimed at proprietors, governing bodies, head te
achers and principals of
all

schools
1
, sixth form colleges and 16
-
19
Academies





1

“All schools” includes Academies, Free Schools, and independent schools and all kinds of maintained schools.

It will also be of use to school and college staff, parents and pupils.


Key points




Schools and colleges that use
biometric recognition systems
(see 2 below) must treat the
data collected with appropriate
care and must comply with the data protection principles set out in the Data Protection Act 1998.




Schools and colleges must ensure that all the parents of a child are notified and the written consent of at least one parent

is
gained before a pupil’s
biometric data
(see 1 below) is taken and
processed
further (see 3 below) for the purposes of an
automated biometric recognition system. This applies to all pupils in schools and colleges
under the age of 18
.





Schools and colle
ges must not process the biometric data of a pupil (under 18 years of age) who objects or refuses to
participate in the processing of their biometric data. They must also not process such data where a parent has objected or no

parent has consented in writi
ng to the processing.




Schools and colleges must provide reasonable alternative means of accessing services for those pupils who will not be using
an automated biometric recognition system.


1

What is biometric data?


1)

Biometric data

is personal informatio
n about an individual’s physical or behavioural characteristics that can be used to
identify that person; this can include their fingerprints, facial shape, retina and iris patterns, and hand measurements. Thi
s
does not include photographs, other than wher
e a child’s photograph is automatically scanned by an automated biometric
recognition system to provide him or her with a service in the school.


2)

The Information Commissioner considers all biometric information to be personal information under the Data Pro
tection Act
1998; this means that it must be obtained, used and stored in accordance with that Act (see the

Data Protection Act 1998
below).


3)

The Protection of Freedoms Act includes provisions which relate to the use of this data in schools and colleges.
(See the

Protection of Freedoms Act 2012
below).


2

What is biometric recognition technology?


1)

Biometric recognition technology
2

is technology which measures an individual’s physical or behavioural characteristics by
means of equipment operating automa
tically (i.e. electronically) and uses this information in order to recognise or identify
them.


2)

Biometric recognition systems can use many kinds of physical or behavioural characteristics such as those listed in
1
, 1)
above.
3



3

What does processing da
ta mean?


1)

‘Processing’

of biometric information
includes obtaining, recording or holding the data or carrying out any operation or set of
operations on the data. An automated biometric recognition system processes data when:

a.

recording pupils’ biometric d
ata, for example, via a fingerprint scanner;

b.

storing data relating to pupils’ biometric information on a database system;

c.

using the data as part of an electronic process which compares and matches biometric information in order to
recognise pupils.

2)

More i
nformation on these topics is available via the
Associated Resources

section below.


THE PROTECTION OF FREEDOMS ACT 2012


4

Parental Consent


What the law says:





2


Biometric recognition technolog
y

will be referred to hereafter as
‘biometric recognition

system
s’

3

Biometric systems usually store

mathematical templates that allow physical characteristics to be recognised rather than images of the characteristics
themselves; these templates are also biometric data.

1)

Schools and colleges
must

notify
all

parents
4

of pupils under the age of 18 where they inte
nd to take and subsequently use
their child’s biometric data as part of an automated biometric recognition system. As long as the child does not object and
no
parent objects in writing, the written consent of only one parent will be required for a school
or college to process the child’s
biometric information.


2)

Schools and colleges will not need to notify a particular parent or seek his or her consent if the school or college is satis
fied
that:


a.

the parent cannot be found, for example where the whereabo
uts or identity of this particular parent is not known;

b.

the parent lacks the capacity
5

to object or to consent, for example where he or she is mentally ill;

c.

where the welfare of the child requires that this particular parent is not contacted, for example

where a child has been
separated from an abusive parent who is not to be informed of the child’s whereabouts; or

d.

where it is otherwise not reasonably practicable for this parent’s consent to be obtained.


3)

Where none of the parents of a child can be not
ified for one of the reasons set out above (which would mean consent cannot
be obtained from any of them):


(a) unless paragraph (b) below applies, notification must be sent to all those caring for a child and written consent must b
e
gained from at least
one carer;


(b) where a child is looked after by a local authority or is accommodated or maintained by a voluntary organisation, the
consent of the local authority, or as the case may be, the voluntary organisation must be gained.


4)

Schools and colleges
could, at the same time as enrolling a child, notify parents that they intend to take and then use their
child’s biometric information as part of an automated biometric recognition system and seek written consent to do so. Details

of both parents should be

requested by the school or college for both purposes (enrolment and notification of intention to
process biometric information).







4

The parents of a child include not only the biological mother or father (or the ad
optive parents) but

any other individual with parental responsibility for the
child.

5

Within the meaning of the Mental Capacity Act 2005

5)

Under the Education (Pupil Registration) Regulations 2006, schools are required to keep an admissions register that include
s
the name and address of every person known to the school to be a parent of the child, including non
-
resident parents.
Schools that wish to notify and seek consent to process a child’s biometric information at any point after the enrolment of a

child at t
he school should, therefore, have contact details for most parents in the admission register. Schools should,
however, be alert to the fact that the admission register may, for some reason, not include the details of both parents.

Where
the name of only on
e parent is included in the admission register, schools should consider whether any reasonable steps can
or should be taken to ascertain the details of the other parent (for example, by asking the parent who is included in the
admission register or, where
the school is aware of local authority or other agency involvement with the child and its family,
by making enquiries with the local authority or other agency).




6)

Schools and colleges are not expected to engage the services of ‘people tracer’ or detective

agencies in doing so but are
expected to take reasonable steps to locate a parent before they are able to rely on the exemption in section 27(1)(a)
(notification of a parent not required if the parent cannot be found).


7)

There will never be any circumstanc
es in which a school or college can process a child’s biometric information (for the
purpose of an automated biometric recognition system) without one of the persons above having given written consent.


8)

Notification sent to parents should include full in
formation about the processing of their child’s biometric information. This
information should include: details about the type of biometric information to be taken; how it will be used; the parents’ an
d
the pupil’s right to refuse or withdraw their consent
; and the school’s duty to provide alternative arrangements for those pupils
whose information cannot be processed. A sample ‘Notification and Consent’ template is included at the end of this advice.


5

The pupil’s right to refuse


What the law says:


1)

If a pupil of any age under 18 objects or refuses to participate (or to continue to participate) in anything that involves th
e
processing of their biometric data for the purposes of an automated biometric recognition system, the school or college
must

ensu
re that the pupil’s data
is not

processed regardless of any consent given by their parents.


Also note


2)

Schools and colleges should take steps to ensure that pupils understand that they can object or refuse to allow their
biometric data to be used and tha
t if they do so the school or college will have to provide them with an alternative way of
accessing the relevant service. Parents should also be told of their child’s right to object or refuse and encouraged to
discuss this with their child.



6

Prov
iding alternatives


What the law says:


1)

Reasonable alternative arrangements must be provided for pupils who do not use automated biometric recognition systems
either because their parents have refused consent or due to their own refusal to participate in t
he collection of the biometric
data.




THE DATA PROTECTION ACT 1998


1)

Schools and colleges as
data controllers

must process pupils’ personal data, including biometric data, in accordance with the
Data Protection Act 1998 (
DPA). The provisions in the Pr
otection of Freedoms Act 2012 are in addition to the requirements in
the DPA with which schools and colleges must continue to comply.


2)

The DPA has eight principles with which all data controllers must comply. More details on these principles are set out
in the
Associated Resources

section below.


3)

When processing a child’s personal data, including any such data used for the purpose of automated biometric recognition
systems, schools and colleges must:


a.

Hold biometric data
securely

to prevent unauthorise
d or unlawful use of the data.

b.

Store biometric data for no longer than it is needed
. A school or college should therefore destroy any data held on a
biometric system once a pupil no longer uses the system. For example, the data should be destroyed if the
pupil
leaves the school or college, if parents withdraw consent or the child no longer wishes to have his or her biometric
data processed.

c.

Ensure that such data is used only for the purposes for which it is obtained and that it is not unlawfully disclosed
to
third parties.

d.

For further practical advice see the
Associated Resources

section below.


Frequently Asked Questions


What information should schools provide to parents/pupils to help them decide whether to object or to give their consent?

Any objecti
on or consent by a parent should of course be an informed decision. Schools and colleges should take steps to ensure
parents receive full information about the processing of their child’s data including a description of the kind of system the
y plan to
use,

the nature of the sensitive data they process, the purpose of the processing and how the data will be obtained and used.


What if one parent disagrees with the other?

Schools and colleges will be required to notify all p
arents that they intend to take and process the child’s biometric information. If
one parent objects then the school or college will not be permitted to process the child’s data.


How will the child’s right to object work in practice


must they do so i
n writing?


No. The child is not required to object in writing. An older child may be more able to say that they object to the processing

of their
biometric data. A younger child may show reluctance to take part in the physical process of giving the data i
n other ways. In either
case the school or college will not be permitted to collect or process the data.


Are schools required to ask/tell parents before introducing a biometric system?

The law doesn’t require that parents are consulted before an automate
d biometric system is installed, only that parents be notified
and that consent from at least one parent be gained before their child’s biometric data is obtained or used for the purposes
of such
a system. It is up to schools to decide whether they think i
t is appropriate to consult parents and pupils in advance.


Do schools need to renew consent every year?

No. The original written consent is valid until such time as it is withdrawn. If a parent or the child objects at any stage t
o the
processing, then th
e consent is no longer valid (subject to the parent’s objection being in writing). When the pupil leaves the school,
their data should be removed from the school’s system.


Can consent be withdrawn by the child or parent?



Parents will be able to withdraw their consent, in writing, at any time. In addition, either parent will be able to object to

the
processing at any time but they must do so in writing. The child’s righ
t to refuse applies both to the giving and the ongoing
processing of biometric data. If at any time the child objects to the processing of biometric data the school or college must

stop
doing so. The child does not have to object in writing.


Will consent

given on entry to primary or secondary school be valid until the child leaves that school?

Yes. Consent will be valid until the child leaves the school. If at any point the parents or the child decide that the data

should not
be processed they will hav
e the right to have it removed from the school’s system.


Can the school notify parents and accept consent via email?

Yes


as long as the school is satisfied that the email contact details are accurate and the consent received is genuine.


Will parents
be asked for retrospective consent?


No. Any processing that has taken place prior to the provisions in the Act coming into force will not be affected. However, a
ny
school or college wishing to continue to process the data of exi
sting users using automated biometric recognition systems after the
provisions come into force in September 2013 must ensure that they have sent the necessary notifications to all parents and
obtained the written consent from at least one parent before con
tinuing or starting to use, such systems.


Does the legislation cover other technologies such a palm and iris scanning?

The legislation covers all systems that record or use physical or behavioural characteristics for the purpose of identificati
on. This w
ill
include systems which use palm, iris or face recognition amongst others, as well as fingerprints.



Is parental notification and consent required for the use of photographs and CCTV in schools?

No. Schools and colleges must adhere to the requirement
s in the Data Protection Act 1998 when using CCTV on their premises for
general security purposes or when using photographs of pupils as part of a manual ID system or as part of an automated system

that uses a barcode to provide a child with access to serv
ices. The Government believes this is sufficient to regulate the use of
CCTV and photographs for such purposes.


Photo ID card systems where a child’s photo is scanned automatically to provide him or her with services would come within th
e
duties of the
Act as such systems are automated biometric recognition systems.



Is parental notification or consent required where a child uses or accesses standard commercial sites or software which
use face recognition technology?

The provisions in the Act only c
over the processing of biometric data by or on behalf of the school or college. I
f a school or college
wishes to use such software for school work then the requirement to notify parents and to obtain parental consent will apply.

However, if a pupil is usin
g this software for their own personal purposes then the provisions do not apply, even if the software is
accessed using school or college equipment.



Associated Resources


DfE guidelines for schools

on communicating with parents and obtaining consent:


http://www.education.gov.uk/schools/pupilsupport/parents/a0014568/parental
-
responsibility



ICO guidance on biometrics in schools 2008
:

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/fingerprinting_final_view_v1.11.pdf


I
CO guide to data protection
:

http://www.ico.gov.uk/for_organisations/data_protection/the_guide.aspx



British Standards Institute guide to biometrics
:

http://shop.bsigroup.com/en/Browse
-
by
-
Subject/Biometrics/?t=r


Template Notification and Consent Form



NOTIFICATION OF INTENTION TO PROCESS PUPILS’ BIOMETRIC INFORMATION


Dear parents


We are w
riting to inform you about the school’s [college’s] intention to use pupils’ biometric information to enable the school
[college] to use an automated biometric recognition system. The system we have in mind is one that will use information from
your
child’
s [
insert biometric to be used
]


Biometric information

is information about a person’s physical or behavioural characteristics that can be used to identify them, for
example, information from their [
fingerprint/iris/palm
]. The school would like to take and

process biometric information from your
child’s
[
insert biometric to be used
] and use this information for the purpose of providing your child with certain services
. This
information will be used as part of an automated biometric recognition system. Such
a system will store information which digitally
represents measurements relating to your child’s [
insert biometric to be used]

rather than an image of your child’s [
insert biometric to
be used
] and will be used in order to identify or recognise your child
when accessing services
.



The school will not use the biometric information for any purpose other than
that stated above
.
The school will store the biometric
information collected securely in compliance with the Data Protection Act 1998. The school will s
hare this information with
<insert
any third party with which the information is to be shared e.g X supplier of biometric systems>

and will not unlawfully disclose it to
any other person.



In order to be able to use your child’s biometric information in t
his way, the consent of at least one parent is required. However,
should one parent consent and the other object, then the information will not be used. You can object, in writing, to the pro
posed
processing of your child’s biometric information at any tim
e or, if you consent, you can withdraw this consent at any time but must do
so in writing.


In addition, your child may at any time object or refuse to allow their biometric information to be used even if you have giv
en your
consent. We would appreciate
it if could you explain this to your child.


If you do not wish your child’s biometric information to be processed by the school, or your child objects to such processing
, we will
provide reasonable alternative arrangements that allow them to access the
[
insert relevant service e.g. school library
].


Should you agree to the processing of your child’s biometric information, please note that when he/she leaves the school, or
if for
some other reason he/she ceases to use the biometric system, his/her biometr
ic data will be deleted.


Further information and guidance can be found via the following links:


Department for Education’s ‘
Protection of Biometric Information of Children in Schools


Advice for Governing bodies, head teachers
and school staff’
[New li
nk to be added when available]


School
ICO guidance on biometrics in schools 2008
http://www.ico.gov.uk/upload/docum
ents/library/data_protection/detailed_specialist_guides/fingerprinting_final_view_v1.11.pdf


ICO guide to data protection
http://www.ico.gov.uk/for_organisations/data_pro
tection/the_guide.aspx




CONSENT FORM FOR SCHOOLS
-

USE OF BIOMETRIC DATA


Please sign and date the form below if you agree to your child’s biometric information (as described above ) being used by th
e
school [college] as part of an automated biometric r
ecognition system for
<describe purpose data is to be used for e.g.
administration of school library/ canteen>
until your child leaves the school.


…………………. ……..
<name of the child>


Name of Parent …………………………………………………………………………..


Date…………………………………………………………
……………………